File #: ORD 2017-001    Name: Wal-Mart Special Land Use
Type: Ordinance Status: Passed
File created: 12/12/2016 In control: City Commission
On agenda: 1/26/2017 Final action: 1/26/2017
Title: AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION FOR WAL-MART STORES EAST, LP, TO ALLOW FOR A LIQUOR STORE AT 5571 HILLSBORO BOULEVARD, PURSUANT TO SECTION 13-35 OF THE LAND DEVELOPMENT CODE. (SECOND READING) (QUASI-JUDICIAL)
Indexes: Ordinance, Special Land Use Application
Code sections: 13-35 - Special Land Use
Attachments: 1. ORD. 2017-001-Wal-Mart-SLU.pdf, 2. BACKUP-Public Outreach-Wal-Mart SLU, 3. BACKUP-Map-Wal-Mart SLU, 4. BACKUP-Plans-Wal-Mart SLU, 5. BACKUP-PZ Minutes 2016-1012

AGENDA ITEM REPORT

TITLE:

 

title

AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION FOR WAL-MART STORES EAST, LP, TO ALLOW FOR A LIQUOR STORE AT 5571 HILLSBORO BOULEVARD, PURSUANT TO SECTION 13-35 OF THE LAND DEVELOPMENT CODE. (SECOND READING) (QUASI-JUDICIAL)

body

BACKGROUND:

This item was approved on First Reading at the January 12, 2017, Commission Meeting.

The applicant, Nicole Lebron, CPH, Inc., as agent on behalf of the owner, Wal-Mart Stores East, LP, is requesting special land use approval to allow a liquor store in accordance with Section 13-35, Special Land Use, of the City of Coconut Creek Land Development Code.

On February 10, 2016, the Planning and Zoning Board approved a Special Land Use, in accordance with Section 13-35, to allow a liquor store within a proposed building expansion at the existing Wal-Mart located at 5571 Hillsboro Boulevard.  Subsequent to the Planning and Zoning Board approval, the Special Land Use was scheduled for consideration by the City Commission on March 24, 2016, and was unanimously denied at the first reading.

Pursuant to Section 13-35, Special Land Use, the applicant is once again seeking special land use approval to allow a liquor store.  The sale of alcoholic beverages (beer/wine) is currently located within the general retail area of the store.  The applicant is proposing to store alcoholic beverages in a proposed expansion area, thereby isolating and controlling alcohol sales to a specific area of the store. This area would be located on the east side of the facility, and the owner proposes the sale of packaged goods only with no alcohol consumption on site.  Prior to the special land use approval by the Planning and Zoning Board, the property owner received site plan approval for the construction of a 3,554 square foot expansion to the existing Wal-Mart Store to be used for the liquor sales. 

Public Involvement:

Per Section 13-35 (c), property owners within 300 feet of the subject property were notified by mail of the special land use request and invited to attend the Planning and Zoning Board and City Commission meetings.  Fourteen (14) notices were mailed by the City two (2) weeks prior to these meetings.

Additionally, the applicant performed community outreach as part of their application process, a summary of which is included in the backup to this item.

DISCUSSION:

Pursuant to Section 3-2(b) of the City’s Code of Ordinances, retail hours for alcohol sales shall be limited to Monday to Saturday from 8:00 am to 12:00 midnight and on Sunday from 9:00 am to 12:00 midnight.  Additionally, the Planning and Zoning Board had considerable discussion regarding security measures Wal-Mart had in place and additional measures they were planning on implementing as a result of the new liquor component.  After an overview from Wal-Mart representatives, the Planning and Zoning Board requested that prior to this item moving forward to the City Commission, the applicant have additional meetings with City staff, including the Police Department, to assess whether additional security measure would be necessary.  These meetings have occurred and are summarized in the attached backup.

RECOMMENDATION:

The Planning and Zoning Board, at its October 12, 2016, meeting, recommended approval of the special land use application subject to the following conditions:

1.                     Outstanding DRC comments remain effective throughout the development review process and must be addressed prior to issuance of a building permit; and

2.                     The applicant shall consult with City staff and the Coconut Creek Police Department for additional security needs at the facility.

FISCAL IMPACT:  N/A